rent pro rating

[sanfran49ers]

What is the name of your state (only U.S. law)? California
An individual in San Diego, California pays a full months rent on July 8, 2008. Can the landlord charge the pro rated rent for August as of August 1st, or would it not be chargeable
August 8.

 

[JETX]

What does the lease say??

 

[Alaska landlord]

I would charge full rent for August and prorate September rent. That's the best way to be fair. Another option would be to spread out the difference by reducing the rent over a 12 month period for those 8 days.

 

[CA LL]

Ca Specific

Seems maybe AL didn't get that August is the 2nd month..that is how I read it.

In CA EITHER WAY depending on what you received in writing from the landlord.

I personally don't make that second month due until that first 30 days has gone by BUT A LOT of LL's in my area hold them to the 1st as the due date regardless of the amount, so to answer your question, YES they can make it due on the 1st.

 

[Alaska landlord]

Seems maybe AL didn't get that August is the 2nd month..that is how I read it.
.

Hmmm. I totally missed the month of July.

 

[MIRAKALES]

The pro-rated rent should have been considered for the month of July 2008 at move-in. No rent pro-rating is required if the lease agreement was initiated on July 1, 2008 and tenant did not move-in until July 8, 2008.

 

[CA LL]

Acutally Mir...MOST LL's prorate the SECOND month..and always require a FULL first month's rent...protects themselves and makes move-in amounts received always the full amount. Standard procedure in most parts of the country.

 

[MIRAKALES]

The practice of pro-rated rent has been reserved for a few days prior to the start of the month. Provided the rental is available for move-in, LL can require full month rent prior to the middle (1st to 15th) of the month or half month rent after the middle (15th to 31st) of the month.

Which states regulate pro-rated rent for early move-in? What would be the reason for not collecting the pro-rated first month and the full second month prior to move-in to avoid conflict?

 

[CA LL]

How unfair to tenants that would be if they moved in on the 10th and also had a large SD to pay as well. One month's rent up front plus the SD via certified funds. SECOND month pro-rated and either due on regular due date or the date of the pro-ration start. You need to stay competitive.

A few days maybe BUT you must always do the SAME PROCEDURE for all tenants so that would be unreasonable IMO...

 

[Alaska landlord]

Which states regulate pro-rated rent for early move-in? What would be the reason for not collecting the pro-rated first month and the full second month prior to move-in to avoid conflict?

The reason would be to weed out those that are able to control their budgeting from those that live from paycheck to paycheck. A LL that rents on a month to month basis is at a disadvantage when he collects a prorated rent during the first month. The tenant can accept possession and turn around and disappear at the end of the month or worst yet not pay his or her rent at all. At least by charging the 1st month rent right off the bat you are assured that you have at least a full months rent to work with till you get another tenant.

 

[CA LL]

AL...Mir was proposing collecting BOTH BEFORE movein..which I think is unfair...that could be a couple days short of two months' rent PLUS SD.

I've been at this about 30 years and the "norm" still seems to be FULL FIRST month's rent plus FULL SD at move in THEN pro-rated second month either on the regular next due date or the first day or pro-ration of second month.

 

[Alaska landlord]

AL...Mir was proposing collecting BOTH BEFORE movein..which I think is unfair...that could be a couple days short of two months' rent PLUS SD.

I've been at this about 30 years and the "norm" still seems to be FULL FIRST month's rent plus FULL SD at move in THEN pro-rated second month either on the regular next due date or the first day or pro-ration of second month.

That's what I do.

When you add up prorated rent, second month and SD, it might violate state law regarding the maximum allowable rent that can be charged.

 

[ecmst12]

When I moved into my current place (about 10 days before the beginning of the month) I had to pay the first month's rent AND the extra 10 days all at once. It wasn't a big deal because I'd already paid the SD a few weeks earlier when I signed the lease.